Regulation of the European Parliament and of the Council establishing an EES to register data of third country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes

Regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third country nationals crossing the external borders of the Member States of the European Union and determining the conditions for access to the EES for law enforcement purposes and amending Regulation (EC) No 767/2008 and Regulation (EU) No 1077/2011

On 6 April 2016, the Commission tabled a revised proposal for a Regulation on the establishment of an EU Entry/Exit System (EES) (COM(2016) 194 final). The EES will register border crossings (entry and exit) of all third country nationals visiting the Schengen area for a short stay (maximum 90-day period in any period of 180 days), both visa-required and visa exempt travellers, or eventually, on the basis of a touring visa (up to one year). The new proposal also lays down the conditions under which Member States’ designated law enforcement authorities and Europol may consult the EES for the purposes of the prevention, detection and investigation of terrorist offences or other serious criminal offences.

In his 2017 State of the Union Letter of Intent, Commission president Juncker called upon the European Parliament and the Council to adopt the entry-exit system by the end of 2018. And so they did.

In the Council, COREPER agreed on the mandate for negotiations with the European Parliament on 2 March 2017. In the European Parliament, the LIBE Committee’s report was tabled for plenary on 8 March 2017 and was adopted. During the same plenary session, the Parliament also decided to begin negotiations with the Council. The European Parliament adopted its position at first reading with amendments on 25 October 2017. The Parliament position reflected what had been agreed during previous informal contacts that took place between the Council, the European Parliament and the Commission. The proposal, as amended by the European Parliament, was adopted by the Council at first reading on 20 November 2017 and was published in the Official Journal of the European Union on 9 December 2017.